L 106/6 EN Official Journal of the European Union 29.4.

2003

COMMISSION REGULATION (EC) No 738/2003

of 28 April 2003 on the supply of white sugar as food aid

THE COMMISSION OF THE EUROPEAN COMMUNITIES, pursuant to Council Regulation (EC) No 1292/96 as Community food aid (3). It is necessary to specify theHaving regard to the Treaty establishing the European time limits and conditions of supply to determine theCommunity, resultant costs,Having regard to Council Regulation (EC) No 1292/96 of 27June 1996 on food-aid policy and food-aid management andspecial operations in support of food security (1), as amended HAS ADOPTED THIS REGULATION:by Regulation (EC) No 1726/2001 of the European Parliamentand of the Council (2), and in particular Article 24(1)(b) thereof, Article 1Whereas: White sugar shall be mobilised in the Community, as Commu-(1) The abovementioned Regulation lays down the list of nity food aid for supply to the recipient listed in the Annex, in countries and organisations eligible for Community aid accordance with Regulation (EC) No 2519/97 and under the and specifies the general criteria on the transport of food conditions set out in the Annex. aid beyond the fob stage. The tenderer is deemed to have noted and accepted all the(2) Following the taking of a number of decisions on the general and specific conditions applicable. Any other condition allocation of food aid, the Commission has allocated or reservation included in his tender is deemed unwritten. white sugar to certain beneficiaries.(3) It is necessary to make these supplies in accordance with Article 2 the rules laid down by Commission Regulation (EC) No 2519/97 of 16 December 1997 laying down general This Regulation shall enter into force on the day following its rules for the mobilisation of products to be supplied publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Notes: (1) Supplementary information: Torben Vestergaard (tel. (32-2) 299 30 50; fax (32-2) 296 20 05). (2) The supplier shall contact the beneficiary or its representative as soon as possible to establish which consignment documents are required. (3) The supplier shall deliver to the beneficiary a certificate from an official entity certifying that for the product to be delivered the standards applicable, relative to nuclear radiation, in the Member State concerned, have not been exceeded. The radioactivity certificate must indicate the caesium-134 and -137 and iodine-131 levels. (4) Commission Regulation (EC) No 2298/2002 (OJ L 308, 27.11.2001, p. 16), is applicable as regards the export refund. The date referred to in Article 2 of the said Regulation is that indicated in point 22 of this Annex. (5) The supplier shall supply to the beneficiary or its representative, on delivery, the following documents: — health certificate (including ‘production date: …’). ( ) Notwithstanding OJ C 114, point V.A(3)(c) is replaced by the following, ‘the words “European Community”’. 6

(7) Since the goods may be rebagged, the supplier must provide 1 % of empty bags of the same quality as those containing the goods, with the marking followed by a capital ‘R’. (8) Shipment to take place in 20-foot containers: Lots A, C and E: The contracted shipping terms shall be considered full liner terms free port of landing container yard and is understood to cover 15 days — Saturdays, Sundays and official public and religious holidays excluded — free of container detention charges at the port of discharge taken from the day/time of the arrival of the vessel. The 15 day period should be clearly marked on the bill of lading. Bona fide detention charges levied in respect of container detention(s) in excess of the said 15 days as detailed above will be borne by UNRWA. UNRWA shall not pay/not be charged any container deposit fees. After take-over of the goods at the delivery stage, the recipient will bear all costs of shifting the containers for destuffing outside the port area and of returning them to the container yard. Ashdod: consignment to be stowed in 20-foot containers containing not more than 21,5 tonnes each, net. ( ) Lot C: The health certificate and the certificate of origin must be signed and stamped by a Syrian Consulate, 9

including the statement that consular fees and charges have been paid.

Before the Commission can award the supply contract, it needs various items of information about the tenderer concerned (in parti- cular the bank account to be credited). These details are contained in a form available on the Internet at the following website: http://europa.eu.int/comm/budget/execution/ftiers_fr.htm. If these details are missing, the tenderer designated as the supplier may not invoke the time limit for notification referred to in Article 9(4) of Regulation (EC) No 2519/97. You should therefore include the above form with your bid after filling in the required details.